Bare Act
The East Punjab Control of Bricks Supplies Act, 1948
1. Short title and extent.
( 1 ) This Act. may be called the East Pulllab Control of Bricks Supplies Act, 1949. (2) It extends to the whole ofthe 5[State] of 4maryana].
2. Definitions.
In this Act, unless there is any thing repugnant in the subject or context, -. (a) 'Brick' means any picce of burnt clay having a geometrical shape fired in a kiln; (b) 'Kiln' means a structure used for thing bricks ; and (c) 'Dealer' means any pzison who dcals iii Zii~Ls or kolds s i ~ k of bricks for sale and includes his representative or agent.
3. Powers to control supply, distribution or consumption of bricks.
The '[State] Government in so far as it appears to it to be necessary or expedient for controlling the suppIy of bricks or for securing their equi table distribu lion and availability at reasonable prices, may, by notified order, provide in regard to bricks- (a} for regulating by licences, permits or othenvise the storage, distribution, transport, acquisition, disposal, manufacture and consumption of bricks; (b) forcontrolling the prices at which bricks may be bought or sold; (c) for collecting any information or statistics with a view to , regulating of the aforesaid matters ; (d) for requiring dealcrs or hln owners, to maintain and produce for inspection such accounts and records regarding bricks and to furnish such information relating thcrcto, as may bc specified in the order ; (e) for any incidental and supplementary matters including in parricuiar the entering and search of premises, vehicies, the seizure by a person alithorised to make such search of the bricks, in respect of which such pel-son has reason to believe that contravention of any order made under this Act has been, !s bei~.* F?T i c ~h,-.;ril. f~ ke :=--itred th~ DI-11nt !>r j ~ g ! ! ~ ;?i C -- -- --""' ' "'- 0'""' !iCZii ces, -<i,G2s &. Gi+Iei dXLii iicri tS, zLd i ; L c L.;iGL'iig e; fees therefor.
4. Delegation of powers.
The [State] Government may, by order notified in the Government Gazette, direct that the power to make orders under section 3 shall, in relation to such matter and subject to such conditions, if any, as may be specified in the order, be exercisable also by such officer or authority subordinate to the [State] Government as may be specified in the order.
5. Effect of Orders inconsistent with other enactments.
Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
6. Penalties.
If any person contravenes any order made under section 3 he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both, and if the order so provides, any court trying such contravention may direct that any property in respect of which the Court is satisfied that the order has been contravened or such part of it as the court may deem fit shall be forefeited to [Government] .
7. Attempts and abetments.
Any person who attemps to contravene or abets a contravention of any order under section 3 shall be deemed to have contravened that order.
8. Offences by corporations.
If the person contravening an order made under section 3 is a company or other body corporate, every Director, Manager, Secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge and that he exercised all due diligence to prevent such conhaven tion, be deemed to be guiity of such contravention.
9. False statement.
If any person - (i) when required by any order made under section 3 to make any statemcnt or furnish any infomation, makes any statement or furnishes any information which is fa1 se in any maie,P;,.lr 3zGicdar end l.v!?ich he lrnnurs or bas ,E~PSSE~I~!P. cause to bclieve to be false, or dms not klieve to be w e , or (ii) makes any such statement as aforesaid in any book, account, J A+-!---':-- --A*-- -- -*L-- A --..-*- ...Lr:,-L L- :- !.?-'-I! 'J, .".-..."._l..
10. Cognizance of offence.
An offence committed under this Act shall be cognizable.
11. Powers to try offences summarily.
Any Magistrate or Bench of Magistrates empowered for the time being to try in a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1898, may, on application in this behalf made by the prosecution by in accordance with the provisions contained in sections 262 to 265 of the said Code any offence punishable under this Act.
12. Presumption as to orders.
(1) No order made in exercise of any power conferred by or under this Act shall be called in question in any court. (2) Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a court shall, within the meaning of the Indian Evidence Act, 1872, presume that such order was so made by the, authority.
13. Protection of action taken under this Act.
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under section 3. (2) No suit or other legal proceeding shall lie against the [Government] for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 3.
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